Democratic Republic of the Congo

From Sanctions Wiki

Contents

UN

December 31, 2012 - New UN Sanctions on M23 and FDLR Rebels in Congo

The U.N. Security Council on Deec 31, 2012 imposed an arms embargo on the M23 and FDLR rebel groups in an attempt to quell fighting in Congo's conflict-wracked eastern region. The council committee monitoring sanctions against Congo also imposed a travel ban and financial freeze on the assets of two M23 leaders —the rebel group's president Jean-Marie Runiga and one of its military commanders, Lt. Col. Eric Badege.

The three men are part of the leadership of the M23 rebel group. The sanctions on the three men include freezing assets and travel bans.

The three are responsible for recruiting child soldiers, some as young as eight years old. They are also known for leading massacres, rapes, and attacking civilians, the advocacy agency said.

Makenga is responsible for ordering rapes and sexual assaults against women and children in an effort to, "consolidate control," the U.N. said. He headed campaigns of forced recruitment of children that led to "killing, maiming, and injuring scores of children," the U.N. said. He was also involved in the Kiwandja Massacre in November 2008, where 67 civilians, mostly young men, were murdered in north eastern Congo, the United Nations says.

Ngaruye "has committed killing, maiming and abductions, often targeting women" and "he gave the orders to kill all men in Shalio village of Walikale," the United Nations says.

The U.N. Security Council voted unanimously November 20, 2012 to sanction the leaders of Congo's M23 rebel force, which hours earlier occupied the eastern Congolese city of Goma as U.N. peacekeepers stood by without resisting. But it did not name two countries accused by Congo of supporting the rebels: Rwanda and Uganda. The council demanded that the M23 rebels withdraw from Goma, disarm and disband, and insisted on the restoration of the crumbing Congolese government authority in the country's turbulent East. The resolution adopted imposes targeted sanctions, including a travel ban and assets freeze, on the M23 rebel group leadership. Individual nations are supposed to enforce the sanctions and report to the council. The resolution also calls for an immediate end to external support to the rebels and asks the U.N. secretary-general to report on the allegations of foreign support while expressing its readiness to take appropriate measures.

November 29, 2011 - Western governments sanction DRC candidate Ntabo Ntaberi Sheka - US, French and British governments have sanctioned a member of the Mai Mai militia for international rights violations in the Democratic Republic of Congo. Read more: UPI News Item

UN Security Council committee has imposed sanctions on a Congolese militia leader allegedly implicated in a highly publicized mass rape case last year, the committee said in a statement issued on Tuesday. Ntabo Ntaberi Sheka, 35, is commander-in-chief of the political wing of the Mai Mai Sheka, one of several armed groups active in the lawless east of the Democratic Republic of the Congo. He reportedly is running for parliament in the country's current elections. Read more: Reuters News Item

Condemning the continuing illicit flow of weapons within and into the Democratic Republic of the Congo, the Security Council today renewed until 30 November 2011 the arms embargo and related sanctions on that country, and requested the Secretary-General to extend the mandate of the Group of Experts monitoring those measures.

Unanimously adopting resolution 1952 (2010) under Chapter VII of the United Nations Charter, the Council requested the Secretary-General to appoint a sixth expert, on natural resources, and asked the Group of Experts — established under resolution 1533 (2004) — to report back by 18 May and again before 17 October 2011.

EU

January 22, 2013 - EU Implementing Regulation (EU) No 53/2013 - Democratic Republic of the Congo amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

January 09, 2012 - Commission Implementing Regulation EU) No 7/2012 of 5 January 2012 amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo.

The following entries shall be added under the heading ‘A. Natural persons’:

‘Jamil Mukulu (alias (a) Professor Musharaf, (b) Steven Alirabaki, (c) David Kyagulanyi (d) Musezi Talengelanimiro (e) Mzee Tutu (f) Abdullah Junjuaka (g) Alilabaki Kyagulanyi, (h) Hussein Muhammad (i) Nicolas Luumu (j) Talengelanimiro. Date of birth: (a) 1965 (b) 1 January 1964. Place of birth: Ntoke Village, Ntenjeru Sub County, Kayunga District, Uganda. Function: (a) Head of the Allied Democratic Forces (ADF) (b) Commander, Allied Democratic Forces. Nationality: Ugandan. Other information: According to open-source and official reporting, including the UNSC DRC Sanctions Committee’s Group of Experts’ reports, Jamil Mukulu is the military leader of the Allied Democratic Forces (ADF), a foreign armed group operating in the DRC that impedes the disarmament and voluntary repatriation or resettlement of ADF combatants, as described in paragraph 4(b) of resolution 1857 (2008). The UNSC DRC Sanction Committee’s Group of Experts has reported that Jamil Mukulu has provided leadership and material support to the ADF, an armed group operating in the territory of the DRC. According to multiple sources including the UNSC DRC Sanctions Committee’s Group of Experts’ reports, Jamil Mukulu has also continued to exercise influence over the policies, provided financing, and maintained direct command and control over the activities of ADF forces in the field, including overseeing links with international terrorist networks. Date of designation referred to in Article 5(1)(b): 12.10.2011.’

‘Ntabo Ntaberi Sheka. Date of birth: 4 April 1976. Place of birth: Walikale Territory, Democratic Republic of the Congo. Function: Commander-in-Chief, Nduma Defence of Congo, Mayi Mayi Sheka group. Nationality: Congolese. Other information: Ntabo Ntaberi Sheka, Commander-in-Chief of the political branch of the Mayi Mayi Sheka, is the political leader of a Congolese armed group that impedes the disarmament, demobilisation, or reintegration of combatants. The Mayi Mayi Sheka is a Congo-based militia group that operates from bases in Walikale territory in eastern DRC. The Mayi Mayi Sheka group has carried out attacks on mines in eastern DRC, including taking over the Bisiye mines and extorting from locals. Ntabo Ntaberi Sheka has also committed serious violations of international law involving the targeting of children. Ntabo Ntaberi Sheka planned and ordered a series of attacks in Walikale territory from 30 July to 2 August 2010, to punish local populations accused of collaborating with Congolese government forces. In the course of the attacks, children were raped and were abducted, subjected to forced labour and subjected to cruel, inhumane or degrading treatment. The Mayi Mayi Sheka militia group also forcibly recruits boys and holds children in their ranks from recruitment drives. Date of designation referred to in Article 5(1)(b): 28.11.2011.’EN L 4/2 Official Journal of the European Union 7.1.2012

December 20, 2012 - EU Implementing Regulation (EU) No 1251/2012 of 20 December 2012 amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo.

The following entries shall be added under the heading ‘A. NATURAL PERSONS’:

‘Sultani Makenga (alias (a) Colonel Sultani Makenga, (b) Emmanuel Sultani Makenga). Date of birth: 25 December 1973. Place of birth: Rutshuru, Democratic Republic of the Congo. Nationality: Congolese. Other information: Military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo. Date of designation referred to in Article 5(1)(b): 12.11.2012.’

November 02, 2011 - EU Commission Implementing Regulation No 1097/2011 of 25 October 2011 - Amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo.

COUNCIL COMMON POSITION 2008/369/CFSP of 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo and repealing

COUNCIL REGULATION (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

Common Position 2005/440/CFSP

2002/829/CFSP of 21 October 2002 on the supply of certain equipment into the Democratic Republic of Congo EU Arms Sanctions

NL

UK

February 28, 2013 - UK Implementing Regulation (EU) No 1251/2012 of 20 December 2012 amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

January 23, 2013 - UK Implementing Regulation (EU) No 53/2013 - Democratic Republic of the Congo amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

January 09, 2012 - UK Implementing Regulation (EU) No 7/2012 - This notification is issued in respect of the restrictive measures directed against certain persons and entities relating to the Democratic Republic of the Congo. UK-EU 7/2012

November 03, 2011 - UK Implementing Regulation (EU) No 1097/2011 - This notification is issued in respect of the restrictive measures directed against certain persons and entities relating to the Democratic Republic of the Congo UK-EU 1097/2011.

EU 1097/2011 of 25 October 2011 amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

By the adoption of Resolution 1493 on 28 July 2003, the United Nations, imposed an arms embargo by which all States were requested to prevent the direct or indirect supply, sale or transfer of arms and any related material and the provision of any assistance, advice or training related to military activities to all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and in the Ituri District and to groups not party to the Global and All-Inclusive Agreement on the transition in the Democratic Republic of the Congo.

By the adoption of Resolution 1596 on 18 April 2005, the United Nations extended the arms embargo to apply to any recipient in the territory of the Democratic Republic of the Congo, and introduced a travel ban and assets freeze on those persons violating the embargo as designated by the UN Sanctions Committee. A list of designated persons was first published by the Sanctions Committee on 1 November 2005.

Australia

On 28 July 2003 the United Nations Security Council (UNSC) adopted resolution 1493 (2003) imposing sanctions in relation to the Democratic Republic of Congo in response to acts of violence systematically perpetrated against civilians, including massacres, other atrocities and violations of international humanitarian law and human rights. The sanctions regime was modified and strengthened with the adoption of resolutions 1533 (2004), 1596 (2005), 1649 (2005), 1698 (2006), 1768 (2007), 1771 (2007), 1799 (2008) and 1807 (2008). All States remain under an advance notification obligation regarding any shipment of arms and related material for the DRC with specific exceptions. The UNSC further extended the arms embargo and targeted travel and financial sanctions in resolution 1952 (2010).

As a consequence, Australian law now prohibits various products, services, etc, for more information Australia Sanctions

Canada

On July 28, 2003, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council adopted Resolution 1493 imposing sanctions against the Democratic Republic of the Congo (DRC) in response to continuing hostilities in the eastern part of the DRC which were threatening the peace process. The sanctions regime was subsequently modified and strengthened with the adoption of a number of resolutions, including Resolutions 1533 (2004), 1552 (2004) and 1596 (2005).

The United Nations Democratic Republic of the Congo Regulations, as amended, implement the decisions of the Security Council in Canadian domestic law. Implementation of the travel ban imposed by Resolution 1596 (2005) is ensured in Canada under existing provisions of the Immigration and Refugee Protection Act. Sanctions

Subject to certain exceptions, the measures imposed against the DRC include:

a prohibition on the export of arms and related materiel to any person in the territory of the DRC;

a prohibition on the provision, to any person in the DRC, of technical assistance related to military activities;

an assets freeze against persons designated by the UN sanctions committee established to oversee the arms embargo (1533 Committee); and

Hong Kong

The Chief Executive-in-Council has approved the United Nations Sanctions (Democratic Republic of the Congo) Regulation 2011 under the United Nations Sanctions Ordinance (Cap. 537). The Regulation was published in the Government Gazette (L.N. 46 of 2011) on 25 March 2011 and is available on the government’s website (http://www.gld.gov.hk/egazette/). The Regulation implements sanctions against Democratic Republic of the Congo imposed by the United Nations Security Council under Resolution 1952. We would like to draw AIs’ attention to section 5 of the Regulation which prohibits making available funds or other financial assets or economic resources to certain persons or entities, or dealing with funds or other financial assets or economic resources belonging to such persons or entities, except with a licence. Hong Kong Sanctions

New Zealand

Article 41 of the United Nations Charter authorises the Security Council to take enforcement measures not involving the use of force in order to give effect to its decisions. These measures often take the form of sanctions. UN Security Council sanctions are binding on all UN member States, including New Zealand, and are implemented in New Zealand law by regulations made under the United Nations Act 1946. All persons and entities in New Zealand, and in many cases New Zealand citizens and companies overseas, must comply with regulations implementing Security Council sanctions. The range of sanctions imposed by the Security Council has included comprehensive economic and trade sanctions as well as more targeted measures such as arms embargoes, travel bans, and financial restrictions. Financial restrictions, otherwise known as an “assets freeze” are one of the most commonly used sanctions imposed by the United Nations Security Council. New Zealand Sanctions

January 24, 2013 - Leaders of the M23 Militant Group Targeted for Contributing to the Ongoing Conflict in the Democratic Republic of the Congo

The U.S. Department of the Treasury today designated two senior leaders of the Mouvement du 23 Mars (M23) militant group, which foments violence and instability in the Democratic Republic of the Congo (DRC). M23 was designated by the Department of the Treasury on January 3, 2013. This action against Eric Badege and Jean-Marie Runiga Rugerero was taken pursuant to Executive Order (E.O.) 13413, which targets persons contributing to the conflict in the DRC.

“The United States is committed to working with the international community to end the violence that destabilizes communities in the DRC and the atrocities perpetrated by armed groups against children. Today’s designations underscore the United States’ determination to deny impunity for these despicable acts,” said Under Secretary for Terrorism and Financial Intelligence David S. Cohen.

Eric Badege is a military commander of M23, and has led a series of attacks that involved the killing of civilians.

Jean-Marie Runiga Rugerero (Runiga) is the leader of the political wing of M23. In that capacity, he has led M23 delegations and issued demands to the Congolese government that included the resignation of Congolese President Kabila and the dissolution of the national assembly. Runiga indicated that if given the opportunity, M23 could retake the city of Goma.

The UN Security Council’s Democratic Republic of the Congo Sanctions Committee recently listed the M23 group and several M23 senior leaders, including Runiga and Badege, on its consolidated asset freeze and travel ban list.

M23 is an armed group operating in eastern DRC which has fomented violence and instability in the country. The group has committed serious violations of international law involving the targeting of children in the conflict and is responsible for campaigns of horrific violence against the DRC’s civilian population. M23 has used its resources to undermine peace efforts in the region and has taken control of large parts of eastern DRC, and continues to impede the disarmament, demobilization, and reintegration of combatants in the conflict.

The U.S. Department of the Treasury today designated two militant groups fomenting violence and instability in the Democratic Republic of the Congo (DRC). This action against Mouvement du 23 Mars (M23) and the Forces Démocratiques de Libération du Rwanda (FDLR) was taken pursuant to Executive Order (E.O.) 13413, which targets persons contributing to the conflict in the DRC.

M23 and the FDLR are armed groups operating in eastern DRC. Both groups have committed serious crimes involving the targeting of children in the conflict in the DRC. These crimes, which include recruitment as well as killing, maiming, and sexual violence, violate international law and are the basis for the groups’ designation today. Additionally, M23 is being designated for receiving arms and materiel related to military activities that have contributed directly to the ongoing conflict. As a result of today’s action, U.S. persons are prohibited from providing any support to M23 and the FDLR. Additionally, any assets of the designated entities within U.S. jurisdiction must be frozen.

There is a credible body of evidence demonstrating support from the Rwandan government to M23, including significant military and logistical support, as well as operational and political guidance. The United States has repeatedly called for a permanent end to all support for M23 and the FDLR as well as other armed groups operating in the DRC.

“The United States is committed to working with the international community to end the violence perpetrated against children in the DRC and exposing those responsible for these atrocities,” said Under Secretary for Terrorism and Financial Intelligence David S. Cohen. “We also urge Rwanda to halt its assistance to M23 and prevent any and all forms of support to Congolese armed groups.”

M23 has recently taken control of large parts of eastern DRC and is made up of forced recruits and rebels who mutinied from the armed forces of the DRC. The FDLR is led by Rwandan Hutus who were involved in the 1994 Rwandan genocide. Top commanders of both groups, M23’s Bosco Ntaganda and FDLR’s Sylvestre Mudacumura, are wanted by the International Criminal Court. Both groups have been actively recruiting and using children in armed conflict. They have been responsible for campaigns of horrific violence against the civilian population in the DRC, and they have used their resources to undermine peace efforts in the region.

On December 31, 2012, the United Nations Security Council DRC Sanctions Committee, with the support of the United States, added M23 and the FDLR to its consolidated travel ban and asset freeze list. The United States and the United Nations Security Council have previously designated several leaders of M23 and the FDLR for their roles in the conflict.

The following entities have been added to OFAC's SDN List:

FORCES DEMOCRATIQUES DE LIBERATION DU RWANDA (a.k.a. COMBATANT FORCE FOR THE LIBERATION OF RWANDA; a.k.a. DEMOCRATIC FORCES FOR THE LIBERATION OF RWANDA; a.k.a. FDLR; a.k.a. FORCE COMBATTANTE ABACUNGUZI; a.k.a. "FOCA"), North and South Kivu, Congo, Democratic Republic of the [DRCONGO].

Sanctions Target Two M23 Leaders for Using Child Soldiers and Engaging in Other Activities Contributing to the Ongoing Conflict in the DRC

The U.S. Department of the Treasury today designated two senior leaders of the Congolese militant group Mouvement Du 23 Mars (M23), Baudoin Ngaruye and Innocent Kaina, pursuant to Executive Order (E.O.) 13413, which targets persons contributing to the conflict in the Democratic Republic of the Congo (DRC).

Baudoin Ngaruye and Innocent Kaina are being designated for their involvement in the recruitment and use of child soldiers in the conflict in the DRC and for being leaders of a group that is impeding the disarmament, repatriation, or resettlement of combatants. Ngaruye is also being designated pursuant to E.O. 13413 for acts involving the targeting of children in the conflict in the DRC, including through killing, maiming, and sexual violence which violate international law. On November 30, the United Nations Security Council (UNSC) DRC Sanctions Committee added Ngaruye and Kaina to its consolidated travel ban and asset freeze list.

“M23 leaders Ngaruye and Kaina are responsible for carrying our terrible acts of violence against civilians and children in the DRC,” said Treasury’s Office of Foreign Assets Control (OFAC) Director Adam J. Szubin. “We will continue to work with our partners in the international community to bring about an end to this conflict.”

M23 is a militant group that operates in the eastern DRC and is made up of rebels who defected from the armed forces of the DRC (FARDC). Since the M23’s formation, the group, under the guidance and leadership of Ngaruye and Kaina, among others, has been responsible for carrying out extensive atrocities against the civilian population of the DRC, and its activities have dramatically undermined peace efforts in the region.

The UN High Commissioner for Human Rights, Navi Pillay, and numerous human rights groups have condemned the human rights abuses committed by M23 and its leadership. In June, Commissioner Pillay specifically identified Ngaruye and Kaina as responsible for a range of human rights abuses, including: the recruitment and use of children in armed conflict, the massacre and disappearance of civilians, and the abduction and mass rape of women. “Every effort must be made to hold these men, and the soldiers under their command, accountable for human rights violations committed against civilians -- both for crimes committed within the context of the current mutiny, and also for offences committed previously,” Pillay said. As a result of Treasury’s action, any assets of the individuals designated today that are within U.S. jurisdiction must be frozen. Additionally, U.S. persons are prohibited from conducting transactions with Ngaruye or Kaina.

Specially Designated Nationals List Update - The following individuals have been added to OFAC's SDN List:

November 30, 2011 - Designation of Ntabo Ntaberi Sheka Pursuant to Executive Order 13413 - The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today designated Ntabo Ntaberi Sheka, Commander in Chief of the political branch of the Mayi Mayi Sheka militia group, for his role in contributing to the ongoing conflict in the Democratic Republic of the Congo (DRC). OFAC Information on this action

October 05, 2011 - Designation of Jamil Mukulu Pursuant to Executive Order 13413 - The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today designated Jamil Mukulu, Commander of the Allied Democratic Forces (ADF), for his role as head of a foreign armed group operating in the Democratic Republic of the Congo (DRC) that impedes the disarmament, repatriation, or resettlement of combatants. The ADF is a Uganda-based armed rebel group that operates regionally, including from bases in eastern DRC. Today's action was taken pursuant to Executive Order 13413, which targets individuals and entities determined to be contributing to the conflict in the DRC. Mukulu is also the subject of a February 2011 INTERPOL red notice for his connection with terrorism. As a result of today’s action, U.S. persons are generally prohibited from engaging in transactions with Mukulu and any assets he may have under U.S. jurisdiction are frozen. OFAC Recent Actions & OFAC Congo Notice

ITAR

ITAR Based sanctions, see chapter on ITAR for more detailed information